欧洲议会和理事会条例(EU) No 1382/2013 ,建立2014至2020年间司法方案(1)
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:32013R1382
OJ编号:OJ L 354, 28.12.2013, p. 73-83
中文标题:欧洲议会和理事会条例(EU) No 1382/2013 ,建立2014至2020年间司法方案(1)
原文标题:Regulation (EU) No 1382/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Justice Programme for the period 2014 to 2020 (1)
分类:19.40_方案
文件类型:二级立法 Regulation|条例
生效日期:2013-12-29
废止日期:2058-12-31
法规全文:查看欧盟官方文件
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28.12.2013 Official
Journal
of
the
European
Union L
354/73
REGULATION (EU) No 1382/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 17 December 2013
establishing a Justice Programme for the period 2014 to 2020
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
Programme's political priorities. The ambitious goals set
EUROPEAN UNION,
by the Treaties and by the Stockholm Programme should
be attained inter alia by establishing, for the period 2014
to 2020, a flexible and effective Justice Programme (the
Having regard to the Treaty on the Functioning of the European
"Programme") which should facilitate planning and
Union, and in particular Article 81(1) and (2), Article 82(1) and
implementation. The general and specific objectives of
Article 84 thereof,
the Programme should be interpreted in line with the
relevant strategic guidelines defined by the European
Council.
Having regard to the proposal from the European Commission,
(3) The
Commission
Communication
of
3
March
2010
on
After transmission of the draft legislative act to the national
the Europe 2020 Strategy sets out a strategy for smart,
parliaments,
sustainable and inclusive growth. A well-functioning area
of justice, where obstacles in cross-border judicial
proceedings and access to justice in cross-border situ
Having regard to the opinion of the European Economic and
ations are eliminated, should be developed as a key
Social Committee ( 1 ),
element to support the specific objectives and flagship
initiatives of the Europe 2020 Strategy and to facilitate
mechanisms designed to promote growth.
Having regard to the opinion of the Committee of the
Regions ( 2 ),
(4) For
the
purposes
of
this
Regulation,
the
term "judiciary
Acting in accordance with the ordinary legislative procedure (
and judicial staff" should be interpreted so as to include
3 ),
judges, prosecutors and court officers, as well as other
legal practitioners associated with the judiciary, such as
lawyers, notaries, bailiffs, probation officers, mediators
Whereas:
and court interpreters.
(1) The
Treaty
on
the
Functioning
of
the
European
Union
(TFEU) provides for the creation of an area of freedom,
(5) Judicial
training
is
central
to
building
mutual
trust
and
security and justice, in which persons are free to move.
improves cooperation between judicial authorities and
To that end, the Union may adopt measures to develop
practitioners in the various Member States. Judicial
judicial cooperation in civil and criminal matters and to
training should be seen as an essential element in
promote and support the action of Member States in the
promoting a genuine European judicial culture in the
field of crime prevention. Respect for fundamental rights
context of the Commission Communication of
as well as for common principles, such as non-discrimi
13 September 2011 entitled "Building trust in EU-wide
nation, gender equality, effective access to justice for all,
justice. A new dimension to European judicial training",
the rule of law and a well-functioning independent
the Council Resolution on the training of judges, pros
judicial system should be ensured in the further devel
ecutors and judicial staff in the European Union ( 5 ), the
opment of a European area of justice.
Council conclusions of 27 and 28 October 2011 on
European judicial training and the European Parliament
resolution of 14 March 2012 on judicial training.
(2) In
the
Stockholm
Programme
( 4 ) the European Council
reaffirmed the priority of developing an area of freedom,
security and justice and specified as a political priority
the achievement of a Europe of law and justice. Financing
(6) Judicial
training
can
involve
different
actors,
such
as
was identified as one of the important tools for the
Member States' legal, judicial and administrative auth
successful implementation of the Stockholm
orities, academic institutions, national bodies responsible
for judicial training, European-level training organisations
( 1 ) OJ C 299, 4.10.2012, p. 103.
or networks, or networks of court coordinators of Union
( 2 ) OJ C 277, 13.9.2012, p. 43.
law. Bodies and entities pursuing a general European
( 3 ) Position of the European Parliament of 11 December 2013 (not yet
interest in the field of training of the judiciary, such as
published in the Official Journal) and decision of the Council of 16
December.
( 4 ) OJ C 115, 4.5.2010, p. 1.
( 5 ) OJ C 299, 22.11.2008, p. 1.
L 354/74
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the European Judicial Training Network (EJTN), the
the further development of a European area of justice
Academy of European Law (ERA), the European
based on mutual recognition and mutual trust, in
Network of Councils for the Judiciary (ENCJ), the
particular by promoting judicial cooperation. Thus, in
Association of the Councils of State and Supreme
responding to the need for simplification and in line
Administrative Jurisdictions of the European Union
with the legal basis of each programme, the Health for
(ACA-Europe), the Network of the Presidents of
Growth Programme can support measures to
Supreme Judicial Courts of the European Union
complement the Member's States action in attaining the
(RPCSJUE) and the European Institute of Public Adminis
objective of reducing drug-related health damage,
tration (EIPA), should continue to play their role in
including information and prevention.
promoting training programmes with a genuine
European dimension for the judiciary and judicial staff,
and could therefore be granted adequate financial
support in accordance with the procedures and the
criteria set out in the annual work programmes
adopted by the Commission pursuant to this Regulation.
(10) Another important element of the EU Drugs Strategy
(2013-20) is drug supply reduction. Whereas the
Instrument for financial support for police cooperation,
preventing and combating crime, and crisis management,
as part of the Internal Security Fund, should support
(7) The
Union
should
facilitate
training
activities
on
the
actions aimed at preventing and combating the traf
implementation of Union law by considering the
ficking of drugs and other types of crime, and in
salaries of participating judiciary and judicial staff
particular measures targeting the production, manu
incurred by the Member States' authorities as eligible
facture, extraction, sale, transport, importation and
costs or co-financing in kind, in accordance with Regu
exportation of illegal drugs, including possession and
lation (EU, Euratom) No 966/2012 of the European
purchase with a view to engaging in drug trafficking
Parliament and of the Council ( 1 ) (the "Financial Regu
activities, the Programme should cover those aspects of
lation").
drugs policy that are not covered by the Instrument for
financial support for police cooperation, preventing and
combating crime, and crisis management, as part of the
Internal Security Fund, or by the Health for Growth
Programme and are closely linked to its general objective.
(8) Access
to
justice
should
include,
in
particular,
access
to
courts, to alternative methods of dispute settlement and
to public office-holders obliged by the law to provide
parties with independent and impartial legal advice.
(11) In any case, the continued financing of the priorities
under the 2007-2013 programming period that have
been maintained as objectives under the new EU Drugs
Strategy (2013-20) should be ensured, and funds should
(9) In
December
2012
the
Council
endorsed
the
EU
Drugs
therefore be available from the Health for Growth
Strategy (2013-20) ( 2 ), which aims to take a balanced
Programme, the Instrument for financial support for
approach based on simultaneous reduction of drug
police cooperation, preventing and combating crime,
demand and drug supply, acknowledging that drug
and crisis management, as part of the Internal Security
demand reduction and drug supply reduction are
Fund, and the Programme in accordance with their
mutually reinforcing elements in illicit drugs policy.
respective priorities and legal bases while avoiding any
That Strategy maintains as one of its main objectives
duplicate financing.
the aim of contributing to a measurable reduction of
drug demand, of drug dependence and of drug-related
health and social risks and harms. Whereas the Drug
prevention and information programme established by
Decision No 1150/2007/EC of the European Parliament
and of the Council ( 3 ) was based on a public health legal
basis and covered those aspects, the Programme is
(12) Pursuant
to
Article
3(3)
of
the
Treaty
on
European
Union
founded on a different legal basis and should aim at
(TEU), Article 24 of the Charter of Fundamental Rights of
the European Union (the "Charter") and the 1989 United
Nations Convention on the Rights of the Child, the
( 1 ) Regulation (EU, Euratom) No 966/2012 of the European Parliament
Programme should support the protection of the rights
and of the Council of 25 October 2012 on the financial rules
applicable to the general budget of the Union and repealing
of the child, including the right to due process, the right
Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298,
to understand the proceedings, the right to respect for
26.10.2012, p. 1).
private and family life and the right to integrity and
( 2 ) OJ C 402, 29.12.2012, p. 1.
dignity. The Programme should aim, in particular, to
( 3 ) Decision No 1150/2007/EC of the European Parliament and of the
increase child protection within justice systems and
Council of 25 September 2007 establishing for the period 2007-
access to justice for children, and should mainstream
2013 the Specific Programme 'Drug prevention and information' as
part of the General Programme 'Fundamental Rights and Justice' (OJ
the promotion of the rights of the child in the imple
L 257, 3.10.2007, p. 23).
mentation of all of its actions.
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(13) Pursuant
to
Articles
8
and
10
TFEU,
the
Programme
(18) The
Commission
Communication
of
19
October
2010
should support the mainstreaming of equality between
entitled 'The EU Budget Review' and the Commission
women and men and non-discrimination objectives in
Communication of 29 June 2011 entitled 'A budget
all its activities. Regular monitoring and evaluation
for Europe 2020' underline the importance of focusing
should be carried out to assess the way in which
funding on activities with clear European added value, i.e.
gender equality and non-discrimination issues are
where Union intervention can bring additional value
addressed in the Programme's activities.
compared to the action of Member States alone.
Actions covered by this Regulation should contribute
to the creation of a European area of justice by
promoting the principle of mutual recognition,
(14) Experience
of
action
at
Union
level
has
shown
that
developing mutual trust between the Member States,
achieving the objectives of the Programme in practice
increasing cross-border cooperation and networking
calls for a combination of instruments, including legal
and achieving the correct, coherent and consistent appli
acts, policy initiatives and funding. Funding is an
cation of Union law. Funding activities should also
important tool complementing legislative measures.
contribute to achieving effective and better knowledge
of Union law and policies by all concerned, and should
provide a sound analytical basis for the support and the
development of Union law and policies, in so doing
contributing to their enforcement and proper implemen
(15) In its conclusions of 22 and 23 September 2011 on
tation. Union intervention allows for those actions to be
improving the efficiency of future Union financial
pursued consistently across the Union and brings
programmes supporting judicial cooperation, the
economies of scale. Moreover, the Union is in a better
Council stressed the important role played by Union
position than Member States to address cross-border situ
financing programmes in the efficient implementation
ations and to provide a European platform for mutual
of the Union acquis and reiterated the need for more
learning.
transparent, flexible, coherent and streamlined access to
those programmes.
(19) In
selecting
actions
for
funding
under
the
Programme,
(16) The Commission Communication of 29 June 2011
the Commission should assess the proposals against
entitled 'A budget for Europe 2020' stresses the need
pre-identified criteria. Those criteria should include an
for the rationalisation and simplification of Union
assessment of the European added value of the
funding. Especially in view of the current economic
proposed actions. National projects and small-scale
crisis, it is of the utmost importance that Union funds
projects can also have European added value.
be structured and managed in the most diligent manner.
Meaningful simplification and efficient management of
funding can be achieved through a reduction in the
number of programmes and through the rationalisation,
simplification and harmonisation of funding rules and
(20) Bodies
and
entities
that
have
access
to
the
Programme
procedures.
should include national, regional and local authorities.
(17) In
responding
to
the
need
for
simplification,
efficient
(21) This
Regulation
lays
down
a
financial
envelope
for
the
management and easier access to funding, the
entire duration of the Programme which is to constitute
Programme should continue and develop activities
the prime reference amount, within the meaning of point
previously carried out on the basis of three programmes
17 of the Interinstitutional Agreement of 2 December
established by Council Decision 2007/126/JHA
( 1 ),
2013 between the European Parliament, the Council
Decision No 1149/2007/EC of the European Parliament
and the Commission on budgetary discipline, on
and of the Council ( 2 ), and Decision No 1150/2007/EC.
cooperation in budgetary matters and on sound
The mid-term evaluations of those programmes include
financial management ( 3 ), for the European Parliament
recommendations aimed at improving the implemen
and the Council during the annual budgetary procedure.
tation of those programmes. The findings of those
mid-term evaluations, as well as the findings of the
respective ex-post evaluations, need to be taken into
account in the implementation of the Programme.
(22) In order to ensure that the Programme is sufficiently
flexible to respond to changing needs and corresponding
( 1 ) Council Decision 2007/126/JHA of 12 February 2007 establishing
policy priorities throughout its duration, the power to
for the period 2007-2013, as part of the General Programme on
Fundamental Rights and Justice, the Specific Programme 'Criminal
adopt acts in accordance with Article 290 TFEU should
Justice' (OJ L 58, 24.2.2007, p. 13).
be delegated to the Commission concerning modification
( 2 ) Decision No 1149/2007/EC of the European Parliament and of the
of the percentages set out in the Annex to this Regu
Council of 25 September 2007 establishing for the period 2007-
lation for each specific objective that would exceed those
2013 the Specific Programme 'Civil Justice' as part of the General
Programme 'Fundamental Rights and Justice (OJ L 257, 3.10.2007,
p. 16).
( 3 ) OJ C 373, 20.12.2013, p. 1.
L 354/76
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28.12.2013
percentages by more than 5 percentage points. To assess
sufficient funding levels for procurement. The
the need for such a delegated act, those percentages
minimum percentage of annual expenditure to be
should be calculated on the basis of the financial
allocated to grants should be established in the annual
envelope of the Programme for its entire duration, and
work programmes and should be not less than 65 %. To
not on the basis of annual appropriations. It is of
facilitate project planning and co-financing by stake
particular importance that the Commission carry out
holders, the Commission should establish a clear
appropriate consultations during its preparatory work,
timetable for the calls for proposals, selection of
including at expert level. The Commission, when
projects and award decisions.
preparing and drawing up delegated acts, should ensure
a simultaneous, timely and appropriate transmission of
relevant documents to the European Parliament and to
(26) In
order
to
ensure
efficient
allocation
of
funds
from
the
the Council.
general budget of the Union, consistency, comple
mentarity and synergies should be sought between
funding programmes supporting policy areas with close
links to each other, in particular between the Programme
and the Rights, Equality and Citizenship Programme
established by Regulation (EU) No 1381/2013 of the
(23) This Regulation should be implemented in full
European Parliament and of the Council
(
compliance with the Financial Regulation. In particular
2 ), the
Instrument for financial support for police cooperation,
with regard to the eligibility conditions of value added
preventing and combating crime, and crisis management,
tax (VAT) paid by grant beneficiaries, the eligibility of
as part of the Internal Security Fund, the Health for
VAT should not depend on the legal status of the bene
Growth Programme, the Erasmus+ Programme estab
ficiaries for activities which can be carried out by private
lished by Regulation (EU) No 1288/2013 of the
and public bodies and entities under the same legal
European Parliament and of the Council
(
conditions. Taking into account the specific nature of
3 ), the
Horizon 2020 Framework Programme established by
the objectives and activities covered by this Regulation,
Regulation (EU) No 1291/2013 of the European
it should be made clear, in calls for proposals, that, for
Parliament and of the Council (
activities which can be carried out by both public and
4 ) and the Instrument
for Pre-accession Assistance (IPA II).
private bodies and entities, the non-deductible VAT
incurred by public bodies and entities is to be eligible,
in so far as it is paid in respect of the implementation of
activities, such as training or awareness-raising, which
(27) The
financial
interests
of
the
Union
should
be
protected
cannot be considered as the exercise of public authority.
through proportionate measures throughout the expen
This Regulation should also make use of the simplifi
diture cycle, including the prevention, detection and
cation tools introduced by the Financial Regulation.
investigation of irregularities, the recovery of funds lost,
Moreover, the criteria for identifying actions to be
wrongly paid or incorrectly used and, where appropriate,
supported should aim at allocating the available
the imposition of administrative and financial penalties in
financial resources to actions generating the highest
accordance with the Financial Regulation.
impact in relation to the policy objective pursued.
(28) In
order
to
implement
the
principle
of
sound
financial
management, this Regulation should provide for appro
priate tools to assess its performance. To that end, it
should define general and specific objectives. To
(24) In
order
to
ensure
uniform
conditions
for
the
implemen
measure the achievement of those specific objectives, a
tation of this Regulation, implementing powers should be
set of concrete and quantifiable indicators should be
conferred on the Commission in respect of the adoption
established which should remain valid for the whole
of annual work programmes. Those powers should be
duration of the Programme. The Commission should
exercised in accordance with Regulation (EU) No
submit annually to the European Parliament and to the
182/2011 of the European Parliament and of the Coun
Council a monitoring report which should be based inter
cil ( 1 ).
alia on the indicators set out in this Regulation and
which should give information on the use of available
funds.
( 2 ) Regulation (EU) No 1381/2013 of the European Parliament and of
the Council of 17 December 2013 establishing a Rights, Equality
(25) The annual work programmes adopted by the
and Citizenship Programme for the period 2014 to 2020 (see page
Commission pursuant to this Regulation should ensure
62 of this Official Journal).
appropriate distribution of funds between grants and
( 3 ) Regulation (EU) No 1288/2013 of the European Parliament and of
public procurement contracts. The Programme should
the Council of 11 December 2013 establishing "Erasmus+": the
primarily allocate funds to grants, while maintaining
Union programme for education, training, youth and sport and
repealing Decisions No 1719/2006/EC, No 1720/2006/EC and No
1298/2008/EC (OJ L 347, 20.12.2013, p. 50).
( 1 ) Regulation (EU) No 182/2011 of the European Parliament and of
( 4 ) Regulation (EU) No 1291/2013 of the European Parliament and of
the Council of 16 February 2011 laying down the rules and general
the Council of 11 December 2013 establishing Horizon 2020 - the
principles concerning mechanisms for control by Member States of
Framework Programme for Research and Innovation (2014-2020)
the Commission's exercise of implementing powers (OJ L 55,
and repealing Decision No 1982/2006/EC (OJ L 347, 20.12.2013,
28.2.2011, p. 13).
p. 104).
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(29) The
Programme
should
be
implemented
in
an
effective
(34) In accordance with Articles 1 and 2 of Protocol No 21
manner, respecting sound financial management, while
on the position of the United Kingdom and Ireland in
also allowing potential applicants to have effective
respect of the Area of Freedom, Security and Justice,
access to the Programme. In order to support effective
annexed to the TEU and to the TFEU, and without
access to the Programme, the Commission should use its
prejudice to Article 4 of that Protocol, the United
best endeavours to simplify and harmonise the appli
Kingdom is not taking part in the adoption of this Regu
cation procedures and documents, the administrative
lation and is not bound by it or subject to its application.
formalities and the financial management requirements,
to remove administrative burdens and to encourage grant
applications from entities located in Member States
which are under-represented in the Programme. The
(35) In accordance with Articles 1 and 2 of Protocol No 22
Commission should publish on a dedicated webpage
on the position of Denmark, annexed to the TEU and to
information about the Programme, its objectives, the
the TFEU, Denmark is not taking part in the adoption of
various calls for proposals and their time schedules.
this Regulation and is not bound by it or subject to its
Basic documents and guidelines relating to the calls for
application.
proposals should be available in all the official languages
of the institutions of the Union.
(36) In order to ensure the continuity of funding of activities
(30) In accordance with point (l) of Article 180(1) of
previously carried out on the basis of Decision
Commission Delegated Regulation (EU) No
2007/126/JHA, Decision No 1149/2007/EC and
1268/2012 ( 1 ) ('the Rules of Application'), the grant
Decision No 1150/2007/EC, this Regulation should
agreements should lay down provisions governing the
enter into force on the day following that of its
visibility of the Union financial support, except in duly
publication,
justified cases where public display is not possible or
appropriate.
HAVE ADOPTED THIS REGULATION:
(31) In
accordance
with
Article
35(2)
and
(3)
of
the
Financial
Regulation and Article 21 of the Rules of Application,
the Commission should make available, in an appropriate
and timely manner, information concerning recipients
Article 1
and concerning the nature and purpose of the
Establishment and duration of the Programme
measures financed from the general budget of the
Union. That information should be made available with
1. This
Regulation
establishes
a
Justice
programme
('the
due observance of the requirements of confidentiality and
Programme').
security, in particular the protection of personal data.
2. The
Programme
shall
cover
the
period
from
1
January
(32) Since the objective of this Regulation, namely to
contribute to the further development of a European
2014 to 31 December 2020.
area of justice based on mutual recognition and mutual
trust, in particular by promoting judicial cooperation in
civil and criminal matters, cannot be sufficiently achieved
by the Member States but can rather, by reason of its
Article 2
scale and effects, be better achieved at Union level, the
European added value
Union may adopt measures, in accordance with the
principle of subsidiarity as set out in Article 5 TEU. In
1. The
Programme
shall
finance
actions
with
European
added
accordance with the principle of proportionality, as set
value which contribute to the further development of a
out in that Article, this Regulation does not go beyond
European area of justice. To that end, the Commission shall
what is necessary in order to achieve that objective.
ensure that the actions selected for funding are intended to
produce results with European added value.
(33) In
accordance
with
Article
3
of
Protocol
No
21
on
the
position of the United Kingdom and Ireland in respect of
the Area of Freedom, Security and Justice, annexed to the
2. The
European
added
value
of
actions,
including
that
of
TEU and to the TFEU, Ireland has notified its wish to
small-scale and national actions, shall be assessed in the light of
take part in the adoption and application of this Regu
criteria such as their contribution to the consistent and coherent
lation.
implementation of Union law and to wide public awareness
about the rights deriving from it, their potential to develop
mutual trust among Member States and to improve cross-
( 1 ) Commission Delegated Regulation (EU) No 1268/2012 of
border cooperation, their transnational impact, their
29 October 2012 on the rules of application of Regulation (EU,
contribution to the elaboration and dissemination of best
Euratom) No 966/2012 of the European Parliament and of the
Council on the financial rules applicable to the general budget of
practices or their potential to create practical tools and
the Union (OJ L 362, 31.12.2012, p. 1).
solutions that address cross-border or Union-wide challenges.
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Article 3
(e) improving knowledge and understanding of potential
obstacles to the smooth functioning of a European area of
General objective
justice;
The general objective of the Programme shall be to contribute
to the further development of a European area of justice based
on mutual recognition and mutual trust, in particular by
promoting judicial cooperation in civil and criminal matters.
(f) improving the efficiency of judicial systems and their
cooperation by means of information and communication
technology, including the cross-border interoperability of
Article 4
systems and applications.
Specific objectives
1. To achieve the general objective set out in Article 3, the
Programme shall have the following specific objectives:
Article 5
Mainstreaming
(a) to facilitate and support judicial cooperation in civil and
In the implementation of all of its actions, the Programme shall
criminal matters;
seek to promote equality between women and men and to
promote the rights of the child, inter alia by means of child-
friendly justice. It shall also comply with the prohibition of
(b) to support and promote judicial training, including language
discrimination based on any of the grounds listed in Article 21
training on legal terminology, with a view to fostering a
of the Charter, in accordance with and within the limits set by
common legal and judicial culture;
Article 51 of the Charter.
(c) to facilitate effective access to justice for all, including to
Article 6
promote and support the rights of victims of crime, while
respecting the rights of the defence;
Types of actions
1. The
Programme
shall
finance
inter
alia
the
following
types
(d) to support initiatives in the field of drugs policy as regards
of actions:
judicial cooperation and crime prevention aspects closely
linked to the general objective of the Programme, in so
far as they are not covered by the Internal security fund
for financial support for police cooperation, preventing and
(a) analytical activities, such as the collection of data and stat
combating crime, and crisis management or by the Health
istics; the development of common methodologies and,
for Growth Programme;
where appropriate, indicators or benchmarks; studies,
researches, analyses and surveys; evaluations; the elaboration
and publication of guides, reports and educational material;
workshops, seminars, experts meetings and conferences;
2. The
specific
objectives
of
the
Programme
shall
be
pursued
through, in particular:
(b) training activities, such as staff exchanges, workshops,
(a) enhancing public awareness and knowledge of Union law
seminars, train-the-trainer events, including language
and policies;
training on legal terminology, and the development of
online training tools or other training modules for
members of the judiciary and judicial staff;
(b) with a view to ensuring efficient judicial cooperation in civil
and criminal matters, improving knowledge of Union law,
including substantive and procedural law, of judicial
cooperation instruments and of the relevant case-law of
(c) mutual learning, cooperation, awareness-raising and
the Court of Justice of the European Union, and of
dissemination activities, such as the identification of, and
comparative law;
exchanges concerning, good practices, innovative
approaches and experiences; the organisation of peer
reviews and mutual learning; the organisation of confer
(c) supporting the effective, comprehensive and consistent
ences, seminars, information campaigns, including institu
implementation and application of Union instruments in
tional communication on the political priorities of the
the Member States and the monitoring and evaluation
Union as far as they relate to the objectives of the
thereof;
Programme; the compilation and publication of materials
to disseminate information about the Programme and its
results; the development, operation and maintenance of
(d) promoting cross-border cooperation, improving mutual
systems and tools, using information and communication
knowledge and understanding of the civil and criminal
technologies, including the further development of the
law and the legal and judicial systems of the Member
European e-Justice portal as a tool to improve citizens'
States and enhancing mutual trust;
access to justice;
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of
the
European
Union L
354/79
(d) support for main actors whose activities contribute to the
2. The
financial
allocation
of
the
Programme
may
also
cover
implementation of the objectives of the Programme, such as
expenses pertaining to preparatory, monitoring, control, audit
support for Member States in the implementation of Union
and evaluation activities which are required for the management
law and policies, support for key European actors and
of the Programme and the assessment of the achievement of its
European-level networks, including in the field of judicial
objectives. The financial allocation may cover expenses relating
training; and support for networking activities at European
to the necessary studies, meetings of experts, information and
level among specialised bodies and entities as well as
communication actions, including institutional communication
national, regional and local authorities and non-govern
of the political priorities of the Union, in so far as they are
mental organisations.
related to the general objectives of this Regulation, as well as
expenses linked to information technology networks focusing
on information processing and exchange and other technical
2. The
European
Judicial
Training
Network
shall
receive
an and administrative assistance needed in connection with the
operating grant to co-finance expenditure associated with its
management of the Programme by the Commission.
permanent work programme.
Article 7
3. The
annual
appropriations
shall
be
authorised
by
the
European Parliament and the Council within the limits of the
Participation
multiannual financial framework established by Council Regu
lation (EU, Euratom) No 1311/2013 ( 1 ).
1. Access to the Programme shall be open to all bodies and
entities legally established in:
4. Within the financial envelope for the Programme,
(a) Member States;
amounts shall be allocated to each specific objective in
accordance with the percentages set out in the Annex.
(b) European Free Trade Association (EFTA) countries which are
parties to the Agreement on the European Economic Area,
5. The
Commission
shall
not
depart
from
the
allocated
in accordance with that Agreement;
percentages of the financial envelope, as set out in the Annex,
by more than 5 percentage points for each specific objective.
Should it prove necessary to exceed that limit, the Commission
(c) candidate countries, potential candidates and countries
shall be empowered to adopt delegated acts in accordance with
acceding to the Union, in accordance with the general prin
Article 9 to modify each of the figures in the Annex by more
ciples and the general terms and conditions laid down for
than 5 and up to 10 percentage points.
the participation of those countries in the Union
programmes established in the respective Framework
Agreements and Association Council decisions, or similar
agreements.
Article 9
Exercise of the delegation
2. Bodies
and
entities
which
are
profit-oriented
shall
have 1. The
power
to
adopt
delegated
acts
is
conferred
on
the
access to the Programme only in conjunction with non-profit
Commission subject to the conditions laid down in this Article.
or public organisations.
2. The power to adopt delegated acts referred to in
3. Bodies
and
entities
legally
established
in
third
countries, Article 8(5) shall be conferred on the Commission for the
other than those participating in the Programme in accordance
duration of the Programme.
with points (b) and (c) of paragraph 1, in particular countries
where the European Neighbourhood Policy applies, may be
associated to the actions of the Programme at their own cost,
if this serves the purpose of those actions.
3. The
delegation
of
power
referred
to
in
Article
8(5)
may
be
revoked at any time by the European Parliament or by the
Council. A decision to revoke shall put an end to the delegation
4. The
Commission
may
cooperate
with
international
organi
of the power specified in that decision. It shall take effect the
sations under the conditions laid down in the relevant annual
day following the publication of the decision in the Official
work programme. Access to the Programme shall be open to
Journal of the European Union or at a later date specified
international organisations active in the areas covered by the
therein. It shall not affect the validity of any delegated acts
Programme in accordance with the Financial Regulation and the
already in force.
relevant annual work programme.
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall
Article 8
notify it simultaneously to the European Parliament and to the
Budget
Council.
1. The financial envelope for the implementation of the
( 1 ) Council Regulation (EU, Euratom) No 1311/2013 of 2 December
Programme for the period 2014 to 2020 is set at EUR
2013 laying down the multiannual financial framework for the years
377 604 000.
2014-2020 (OJ L 347, 20.12.2013, p. 884).
L 354/80
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28.12.2013
5. A
delegated
act
adopted
pursuant
to
Article
8(5)
shall
Article 11
enter into force only if no objection has been expressed
either by the European Parliament or the Council within a
Committee procedure
period of two months of notification of that act to the
1. The
Commission
shall
be
assisted
by
a
committee.
That
European Parliament and the Council or if, before the expiry
committee shall be a committee within the meaning of Regu
of that period, the European Parliament and the Council have
lation (EU) No 182/2011.
both informed the Commission that they will not object. That
period shall be extended by two months at the initiative of the
European Parliament or the Council.
2. Where
reference
is
made
to
this
paragraph,
Article
5
of
Regulation (EU) No 182/2011 shall apply.
Article 10
Implementing measures
Article 12
1. The Commission shall implement the Programme in
Complementarity
accordance with the Financial Regulation.
1. The
Commission,
in
cooperation
with
the
Member
States,
shall ensure overall consistency, complementarity and synergies
with other Union instruments including, inter alia, the Rights,
2. In order to implement the Programme, the Commission
Equality and Citizenship Programme, the Instrument for
shall adopt annual work programmes in the form of imple
financial support for police cooperation, preventing and
menting acts. Those implementing acts shall be adopted in
combating crime, and crisis management, as part of the
accordance with the examination procedure referred to in
Internal Security Fund, the Health for Growth Programme, the
Article 11(2).
Erasmus+ Programme, the Horizon 2020 Framework
Programme and the Instrument for Pre-accession Assistance
(IPA II).
3. Each
annual
work
programme
shall
implement
the
objectives of the Programme by determining the following:
2. The
Commission
shall
also
ensure
overall
consistency,
complementarity and synergies with the work of the Union
bodies, offices and agencies operating in areas covered by the
(a) the actions to be undertaken, in accordance with the general
objectives of the Programme, such as Eurojust established by
and specific objectives set out in Article 3 and Article 4(1),
Council Decision 2002/187/JHA ( 1 ) and the European Moni
including the indicative allocation of financial resources;
toring Centre for Drugs and Drug Addiction (EMCDDA) estab
lished by Regulation (EC) No 1920/2006 of the European
Parliament and of the Council ( 2 ).
(b) the essential eligibility, selection and award criteria to be
used to select the proposals which are to receive financial
contributions, in accordance with Article 84 of the Financial
3. The
Programme
may
share
resources
with
other
Union
Regulation and with Article 94 of its Rules of Application;
instruments, in particular the Rights, Equality and Citizenship
Programme, in order to implement actions meeting the
objectives of both programmes. An action for which funding
(c) the minimum percentage of annual expenditure to be
has been awarded from the Programme may also give rise to
allocated to grants.
the award of funding from the Rights, Equality and Citizenship
Programme, provided that the funding does not cover the same
cost items.
4. Appropriate
and
fair
distribution
of
financial
support
between different areas covered by this Regulation shall be
Article 13
ensured. When deciding on the allocation of funds to those
areas in the annual work programmes, the Commission shall
Protection of the financial interests of the Union
take into consideration the need to maintain sufficient funding
levels for both civil justice and criminal justice, as well as for
1. The
Commission
shall
take
appropriate
measures
ensuring
judicial training and initiatives in the field of drugs policy within
that, when actions financed under the Programme are imple
the scope of the Programme.
mented, the financial interests of the Union are protected by the
application of preventive measures against fraud, corruption and
any other illegal activities, by effective checks and, if irregu
larities are detected, by the recovery of amounts wrongly paid
5. Calls
for
proposals
shall
be
published
on
an
annual
basis.
and, where appropriate, by effective, proportionate and
dissuasive administrative and financial penalties.
6. In
order
to
facilitate
judicial
training
activities,
the
costs ( 1 ) Council Decision 2002/187/JHA of 28 February 2002 setting up
associated with the participation of judiciary and judicial staff in
Eurojust with a view to reinforcing the fight against serious crime
those activities and incurred by the Member States' authorities
(OJ L 63, 6.3.2002, p. 1).
( 2 ) Regulation (EC) No 1920/2006 of the European Parliament and of
shall be taken into account in accordance with the Financial
the Council of 12 December 2006 on the European Monitoring
Regulation when providing corresponding funding.
Centre for Drugs and Drug Addiction (OJ L 376, 27.12.2006, p. 1).
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2. The
Commission
or
its
representatives
and
the
Court
of 2020. It shall also address the scope for any simplification of
Auditors shall have the power of audit, both on the basis of
the Programme, its internal and external coherence, and the
documents and on the spot, over all grant beneficiaries,
continued relevance of all objectives and actions. It shall take
contractors and subcontractors who have received Union
into account the results of the ex-post evaluations of the
funds under the Programme.
previous 2007-2013 programmes established by the Decisions
referred to in Article 16.
3. The
European
Anti-Fraud
Office
(OLAF)
may
carry
out
investigations, including on-the-spot checks and inspections,
in accordance with the provisions and procedures laid down
4. The
ex-post
evaluation
report
shall
assess
the
long-term
in Regulation (EU, Euratom) No 883/2013 of the European
impact of the Programme and the sustainability of the effects of
Parliament and of the Council ( 1 ) and in Council Regulation
the Programme, with a view to informing a decision on a
(Euratom, EC) No 2185/96 ( 2 ) with a view to establishing
subsequent programme.
whether fraud, corruption or any other illegal activity has
occurred affecting the financial interests of the Union in
connection with a grant agreement or grant decision or a
5. The
evaluations
shall
also
assess
the
way
in
which
gender
contract funded under the Programme.
equality and non-discrimination issues have been addressed
across the Programme's actions.
4. Without
prejudice
to
paragraphs
1,
2
and
3,
cooperation
agreements with third countries and with international organi
sations, grant agreements, grant decisions and contracts
Article 15
resulting from the implementation of the Programme shall
Indicators
contain provisions expressly empowering the Commission, the
Court of Auditors and OLAF to conduct the audits and inves
1. In
accordance
with
Article
14,
the
indicators
set
out
in
tigations referred to in those paragraphs, in accordance with
paragraph 2 of this Article shall serve as a basis for monitoring
their respective competences.
and evaluating the extent to which each of the Programme's
specific objectives set out in Article 4 has been achieved
Article 14
through the actions provided for in Article 6. They shall be
measured against pre-defined baselines reflecting the situation
Monitoring and evaluation
before implementation. Where relevant, indicators shall be
broken down by, inter alia, sex, age and disability.
1. The
Commission
shall
monitor
the
Programme
annually
in order to follow the implementation of actions carried out
under it and the achievement of the specific objectives set out in
Article 4. The monitoring shall also provide a means of
2. The
indicators
referred
to
in
paragraph
1
shall
include,
assessing the way in which gender equality and non-discrimi
inter alia, the following:
nation issues have been addressed across the Programme's
actions.
(a) the number and percentage of persons in a target group
reached by awareness-raising activities funded by the
2. The
Commission
shall
provide
the
European
Parliament
Programme;
and the Council with:
(a) an annual monitoring report based on the indicators set out
(b) the number and percentage of members of the judiciary and
in Article 15(2) and on the use of the available funds;
judicial staff in a target group that participated in training
activities, staff exchanges, study visits, workshops and
(b) an interim evaluation report by 30 June 2018;
seminars funded by the Programme;
(c) an ex-post evaluation report by 31 December 2021.
(c) the improvement in the level of knowledge of Union law
and policies in the groups participating in activities funded
3. The
interim
evaluation
report
shall
assess
the
achievement
by the Programme compared to the entire target group;
of the Programme's objectives, the efficiency of the use of
resources and the Programme's European added value with a
view to determining whether funding in areas covered by the
(d) the number of cases, activities and outputs of cross-border
Programme should be renewed, modified or suspended after
cooperation, including cooperation by means of
information technology tools and procedures established
( 1 ) Regulation (EU, Euratom) No 883/2013 of the European Parliament
at Union level;
and of the Council of 11 September 2013 concerning investigations
conducted by the European Anti-Fraud Office (OLAF) and repealing
Regulation (EC) No 1073/1999 of the European Parliament and of
the Council and Council Regulation (Euratom) No 1074/1999 (OJ
(e) participants' assessment of the activities in which they
L 248, 18.9.2013, p. 1).
participated and of their (expected) sustainability;
( 2 ) Council Regulation (Euratom, EC) No 2185/96 of 11 November
1996 concerning on-the-spot checks and inspections carried out
by the Commission in order to protect the European Communities'
financial interests against fraud and other irregularities (OJ L 292,
(f) the geographical coverage of the activities funded by the
15.11.1996, p. 2).
Programme.
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3. In
addition
to
the
indicators
set
out
in
paragraph
2,
the (e) the possible administrative, organisational and/or structural
interim and ex-post evaluation report of the Programme shall
obstacles to the smoother, more effective and efficient
assess, inter alia:
implementation of the Programme (scope for simplifi
cation).
(a) the perceived impact of the Programme on access to justice
based on qualitative and quantitative data collected at
Article 16
European level;
Transitional measures
Actions initiated on the basis of Decision 2007/126/JHA,
(b) the number and quality of instruments and tools developed
Decision 1149/2007/EC or Decision 1150/2007/EC shall
through actions funded by the Programme;
continue to be governed by the provisions of those Decisions
until their completion. In respect of those actions, reference to
the committees provided for in Article 9 of Decision
(c) the European added value of the Programme, including an
2007/126/JHA, in Articles 10 and 11 of Decision
evaluation of the Programme's activities in the light of
1149/2007/EC and in Article 10 of Decision 1150/2007/EC
similar initiatives which have been developed at national
shall be interpreted as references to the committee provided
or European level without support from Union funding,
for in Article 11(1) of this Regulation.
and their (expected) results and the advantages and/or
disadvantages of Union funding compared to national
funding for the type of activity in question;
Article 17
Entry into force
(d) the level of funding in relation to the outcomes achieved
This Regulation shall enter into force on the day following that
(efficiency);
of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaties.
Done at Brussels, 17 December 2013.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
L. LINKEVIIUS
EN
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Union L
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ANNEX
ALLOCATION OF FUNDS
Within the financial envelope for the Programme, amounts shall be allocated as follows to each specific objective set out
in Article 4(1):
Specific objectives
Share of the financial
envelope (in %)
(a) to
facilitate
and
support
judicial
cooperation
in
civil
and
criminal
matters 30
%
(b) to support and promote judicial training, including language training on legal
terminology, with a view to fostering a common legal and judicial culture 35
%
(c) to facilitate effective access to justice for all, including to promote and support the rights
of victims of crime, while respecting the rights of the defence 30
%
(d) to
support
initiatives
in
the
field
of
drugs
policy
as
regards
judicial
cooperation
and
crime
prevention aspects closely linked to the general objective of the Programme, in so far as
they are not covered by the Instrument for financial support for police cooperation,
preventing and combating crime, and crisis management, as part of the Internal Security
Fund, or by the Health for Growth Programme 5
%.
28.12.2013 Official
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European
Union L
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REGULATION (EU) No 1382/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 17 December 2013
establishing a Justice Programme for the period 2014 to 2020
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
Programme's political priorities. The ambitious goals set
EUROPEAN UNION,
by the Treaties and by the Stockholm Programme should
be attained inter alia by establishing, for the period 2014
to 2020, a flexible and effective Justice Programme (the
Having regard to the Treaty on the Functioning of the European
"Programme") which should facilitate planning and
Union, and in particular Article 81(1) and (2), Article 82(1) and
implementation. The general and specific objectives of
Article 84 thereof,
the Programme should be interpreted in line with the
relevant strategic guidelines defined by the European
Council.
Having regard to the proposal from the European Commission,
(3) The
Commission
Communication
of
3
March
2010
on
After transmission of the draft legislative act to the national
the Europe 2020 Strategy sets out a strategy for smart,
parliaments,
sustainable and inclusive growth. A well-functioning area
of justice, where obstacles in cross-border judicial
proceedings and access to justice in cross-border situ
Having regard to the opinion of the European Economic and
ations are eliminated, should be developed as a key
Social Committee ( 1 ),
element to support the specific objectives and flagship
initiatives of the Europe 2020 Strategy and to facilitate
mechanisms designed to promote growth.
Having regard to the opinion of the Committee of the
Regions ( 2 ),
(4) For
the
purposes
of
this
Regulation,
the
term "judiciary
Acting in accordance with the ordinary legislative procedure (
and judicial staff" should be interpreted so as to include
3 ),
judges, prosecutors and court officers, as well as other
legal practitioners associated with the judiciary, such as
lawyers, notaries, bailiffs, probation officers, mediators
Whereas:
and court interpreters.
(1) The
Treaty
on
the
Functioning
of
the
European
Union
(TFEU) provides for the creation of an area of freedom,
(5) Judicial
training
is
central
to
building
mutual
trust
and
security and justice, in which persons are free to move.
improves cooperation between judicial authorities and
To that end, the Union may adopt measures to develop
practitioners in the various Member States. Judicial
judicial cooperation in civil and criminal matters and to
training should be seen as an essential element in
promote and support the action of Member States in the
promoting a genuine European judicial culture in the
field of crime prevention. Respect for fundamental rights
context of the Commission Communication of
as well as for common principles, such as non-discrimi
13 September 2011 entitled "Building trust in EU-wide
nation, gender equality, effective access to justice for all,
justice. A new dimension to European judicial training",
the rule of law and a well-functioning independent
the Council Resolution on the training of judges, pros
judicial system should be ensured in the further devel
ecutors and judicial staff in the European Union ( 5 ), the
opment of a European area of justice.
Council conclusions of 27 and 28 October 2011 on
European judicial training and the European Parliament
resolution of 14 March 2012 on judicial training.
(2) In
the
Stockholm
Programme
( 4 ) the European Council
reaffirmed the priority of developing an area of freedom,
security and justice and specified as a political priority
the achievement of a Europe of law and justice. Financing
(6) Judicial
training
can
involve
different
actors,
such
as
was identified as one of the important tools for the
Member States' legal, judicial and administrative auth
successful implementation of the Stockholm
orities, academic institutions, national bodies responsible
for judicial training, European-level training organisations
( 1 ) OJ C 299, 4.10.2012, p. 103.
or networks, or networks of court coordinators of Union
( 2 ) OJ C 277, 13.9.2012, p. 43.
law. Bodies and entities pursuing a general European
( 3 ) Position of the European Parliament of 11 December 2013 (not yet
interest in the field of training of the judiciary, such as
published in the Official Journal) and decision of the Council of 16
December.
( 4 ) OJ C 115, 4.5.2010, p. 1.
( 5 ) OJ C 299, 22.11.2008, p. 1.
L 354/74
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Official Journal of the European Union
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the European Judicial Training Network (EJTN), the
the further development of a European area of justice
Academy of European Law (ERA), the European
based on mutual recognition and mutual trust, in
Network of Councils for the Judiciary (ENCJ), the
particular by promoting judicial cooperation. Thus, in
Association of the Councils of State and Supreme
responding to the need for simplification and in line
Administrative Jurisdictions of the European Union
with the legal basis of each programme, the Health for
(ACA-Europe), the Network of the Presidents of
Growth Programme can support measures to
Supreme Judicial Courts of the European Union
complement the Member's States action in attaining the
(RPCSJUE) and the European Institute of Public Adminis
objective of reducing drug-related health damage,
tration (EIPA), should continue to play their role in
including information and prevention.
promoting training programmes with a genuine
European dimension for the judiciary and judicial staff,
and could therefore be granted adequate financial
support in accordance with the procedures and the
criteria set out in the annual work programmes
adopted by the Commission pursuant to this Regulation.
(10) Another important element of the EU Drugs Strategy
(2013-20) is drug supply reduction. Whereas the
Instrument for financial support for police cooperation,
preventing and combating crime, and crisis management,
as part of the Internal Security Fund, should support
(7) The
Union
should
facilitate
training
activities
on
the
actions aimed at preventing and combating the traf
implementation of Union law by considering the
ficking of drugs and other types of crime, and in
salaries of participating judiciary and judicial staff
particular measures targeting the production, manu
incurred by the Member States' authorities as eligible
facture, extraction, sale, transport, importation and
costs or co-financing in kind, in accordance with Regu
exportation of illegal drugs, including possession and
lation (EU, Euratom) No 966/2012 of the European
purchase with a view to engaging in drug trafficking
Parliament and of the Council ( 1 ) (the "Financial Regu
activities, the Programme should cover those aspects of
lation").
drugs policy that are not covered by the Instrument for
financial support for police cooperation, preventing and
combating crime, and crisis management, as part of the
Internal Security Fund, or by the Health for Growth
Programme and are closely linked to its general objective.
(8) Access
to
justice
should
include,
in
particular,
access
to
courts, to alternative methods of dispute settlement and
to public office-holders obliged by the law to provide
parties with independent and impartial legal advice.
(11) In any case, the continued financing of the priorities
under the 2007-2013 programming period that have
been maintained as objectives under the new EU Drugs
Strategy (2013-20) should be ensured, and funds should
(9) In
December
2012
the
Council
endorsed
the
EU
Drugs
therefore be available from the Health for Growth
Strategy (2013-20) ( 2 ), which aims to take a balanced
Programme, the Instrument for financial support for
approach based on simultaneous reduction of drug
police cooperation, preventing and combating crime,
demand and drug supply, acknowledging that drug
and crisis management, as part of the Internal Security
demand reduction and drug supply reduction are
Fund, and the Programme in accordance with their
mutually reinforcing elements in illicit drugs policy.
respective priorities and legal bases while avoiding any
That Strategy maintains as one of its main objectives
duplicate financing.
the aim of contributing to a measurable reduction of
drug demand, of drug dependence and of drug-related
health and social risks and harms. Whereas the Drug
prevention and information programme established by
Decision No 1150/2007/EC of the European Parliament
and of the Council ( 3 ) was based on a public health legal
basis and covered those aspects, the Programme is
(12) Pursuant
to
Article
3(3)
of
the
Treaty
on
European
Union
founded on a different legal basis and should aim at
(TEU), Article 24 of the Charter of Fundamental Rights of
the European Union (the "Charter") and the 1989 United
Nations Convention on the Rights of the Child, the
( 1 ) Regulation (EU, Euratom) No 966/2012 of the European Parliament
Programme should support the protection of the rights
and of the Council of 25 October 2012 on the financial rules
applicable to the general budget of the Union and repealing
of the child, including the right to due process, the right
Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298,
to understand the proceedings, the right to respect for
26.10.2012, p. 1).
private and family life and the right to integrity and
( 2 ) OJ C 402, 29.12.2012, p. 1.
dignity. The Programme should aim, in particular, to
( 3 ) Decision No 1150/2007/EC of the European Parliament and of the
increase child protection within justice systems and
Council of 25 September 2007 establishing for the period 2007-
access to justice for children, and should mainstream
2013 the Specific Programme 'Drug prevention and information' as
part of the General Programme 'Fundamental Rights and Justice' (OJ
the promotion of the rights of the child in the imple
L 257, 3.10.2007, p. 23).
mentation of all of its actions.
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(13) Pursuant
to
Articles
8
and
10
TFEU,
the
Programme
(18) The
Commission
Communication
of
19
October
2010
should support the mainstreaming of equality between
entitled 'The EU Budget Review' and the Commission
women and men and non-discrimination objectives in
Communication of 29 June 2011 entitled 'A budget
all its activities. Regular monitoring and evaluation
for Europe 2020' underline the importance of focusing
should be carried out to assess the way in which
funding on activities with clear European added value, i.e.
gender equality and non-discrimination issues are
where Union intervention can bring additional value
addressed in the Programme's activities.
compared to the action of Member States alone.
Actions covered by this Regulation should contribute
to the creation of a European area of justice by
promoting the principle of mutual recognition,
(14) Experience
of
action
at
Union
level
has
shown
that
developing mutual trust between the Member States,
achieving the objectives of the Programme in practice
increasing cross-border cooperation and networking
calls for a combination of instruments, including legal
and achieving the correct, coherent and consistent appli
acts, policy initiatives and funding. Funding is an
cation of Union law. Funding activities should also
important tool complementing legislative measures.
contribute to achieving effective and better knowledge
of Union law and policies by all concerned, and should
provide a sound analytical basis for the support and the
development of Union law and policies, in so doing
contributing to their enforcement and proper implemen
(15) In its conclusions of 22 and 23 September 2011 on
tation. Union intervention allows for those actions to be
improving the efficiency of future Union financial
pursued consistently across the Union and brings
programmes supporting judicial cooperation, the
economies of scale. Moreover, the Union is in a better
Council stressed the important role played by Union
position than Member States to address cross-border situ
financing programmes in the efficient implementation
ations and to provide a European platform for mutual
of the Union acquis and reiterated the need for more
learning.
transparent, flexible, coherent and streamlined access to
those programmes.
(19) In
selecting
actions
for
funding
under
the
Programme,
(16) The Commission Communication of 29 June 2011
the Commission should assess the proposals against
entitled 'A budget for Europe 2020' stresses the need
pre-identified criteria. Those criteria should include an
for the rationalisation and simplification of Union
assessment of the European added value of the
funding. Especially in view of the current economic
proposed actions. National projects and small-scale
crisis, it is of the utmost importance that Union funds
projects can also have European added value.
be structured and managed in the most diligent manner.
Meaningful simplification and efficient management of
funding can be achieved through a reduction in the
number of programmes and through the rationalisation,
simplification and harmonisation of funding rules and
(20) Bodies
and
entities
that
have
access
to
the
Programme
procedures.
should include national, regional and local authorities.
(17) In
responding
to
the
need
for
simplification,
efficient
(21) This
Regulation
lays
down
a
financial
envelope
for
the
management and easier access to funding, the
entire duration of the Programme which is to constitute
Programme should continue and develop activities
the prime reference amount, within the meaning of point
previously carried out on the basis of three programmes
17 of the Interinstitutional Agreement of 2 December
established by Council Decision 2007/126/JHA
( 1 ),
2013 between the European Parliament, the Council
Decision No 1149/2007/EC of the European Parliament
and the Commission on budgetary discipline, on
and of the Council ( 2 ), and Decision No 1150/2007/EC.
cooperation in budgetary matters and on sound
The mid-term evaluations of those programmes include
financial management ( 3 ), for the European Parliament
recommendations aimed at improving the implemen
and the Council during the annual budgetary procedure.
tation of those programmes. The findings of those
mid-term evaluations, as well as the findings of the
respective ex-post evaluations, need to be taken into
account in the implementation of the Programme.
(22) In order to ensure that the Programme is sufficiently
flexible to respond to changing needs and corresponding
( 1 ) Council Decision 2007/126/JHA of 12 February 2007 establishing
policy priorities throughout its duration, the power to
for the period 2007-2013, as part of the General Programme on
Fundamental Rights and Justice, the Specific Programme 'Criminal
adopt acts in accordance with Article 290 TFEU should
Justice' (OJ L 58, 24.2.2007, p. 13).
be delegated to the Commission concerning modification
( 2 ) Decision No 1149/2007/EC of the European Parliament and of the
of the percentages set out in the Annex to this Regu
Council of 25 September 2007 establishing for the period 2007-
lation for each specific objective that would exceed those
2013 the Specific Programme 'Civil Justice' as part of the General
Programme 'Fundamental Rights and Justice (OJ L 257, 3.10.2007,
p. 16).
( 3 ) OJ C 373, 20.12.2013, p. 1.
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28.12.2013
percentages by more than 5 percentage points. To assess
sufficient funding levels for procurement. The
the need for such a delegated act, those percentages
minimum percentage of annual expenditure to be
should be calculated on the basis of the financial
allocated to grants should be established in the annual
envelope of the Programme for its entire duration, and
work programmes and should be not less than 65 %. To
not on the basis of annual appropriations. It is of
facilitate project planning and co-financing by stake
particular importance that the Commission carry out
holders, the Commission should establish a clear
appropriate consultations during its preparatory work,
timetable for the calls for proposals, selection of
including at expert level. The Commission, when
projects and award decisions.
preparing and drawing up delegated acts, should ensure
a simultaneous, timely and appropriate transmission of
relevant documents to the European Parliament and to
(26) In
order
to
ensure
efficient
allocation
of
funds
from
the
the Council.
general budget of the Union, consistency, comple
mentarity and synergies should be sought between
funding programmes supporting policy areas with close
links to each other, in particular between the Programme
and the Rights, Equality and Citizenship Programme
established by Regulation (EU) No 1381/2013 of the
(23) This Regulation should be implemented in full
European Parliament and of the Council
(
compliance with the Financial Regulation. In particular
2 ), the
Instrument for financial support for police cooperation,
with regard to the eligibility conditions of value added
preventing and combating crime, and crisis management,
tax (VAT) paid by grant beneficiaries, the eligibility of
as part of the Internal Security Fund, the Health for
VAT should not depend on the legal status of the bene
Growth Programme, the Erasmus+ Programme estab
ficiaries for activities which can be carried out by private
lished by Regulation (EU) No 1288/2013 of the
and public bodies and entities under the same legal
European Parliament and of the Council
(
conditions. Taking into account the specific nature of
3 ), the
Horizon 2020 Framework Programme established by
the objectives and activities covered by this Regulation,
Regulation (EU) No 1291/2013 of the European
it should be made clear, in calls for proposals, that, for
Parliament and of the Council (
activities which can be carried out by both public and
4 ) and the Instrument
for Pre-accession Assistance (IPA II).
private bodies and entities, the non-deductible VAT
incurred by public bodies and entities is to be eligible,
in so far as it is paid in respect of the implementation of
activities, such as training or awareness-raising, which
(27) The
financial
interests
of
the
Union
should
be
protected
cannot be considered as the exercise of public authority.
through proportionate measures throughout the expen
This Regulation should also make use of the simplifi
diture cycle, including the prevention, detection and
cation tools introduced by the Financial Regulation.
investigation of irregularities, the recovery of funds lost,
Moreover, the criteria for identifying actions to be
wrongly paid or incorrectly used and, where appropriate,
supported should aim at allocating the available
the imposition of administrative and financial penalties in
financial resources to actions generating the highest
accordance with the Financial Regulation.
impact in relation to the policy objective pursued.
(28) In
order
to
implement
the
principle
of
sound
financial
management, this Regulation should provide for appro
priate tools to assess its performance. To that end, it
should define general and specific objectives. To
(24) In
order
to
ensure
uniform
conditions
for
the
implemen
measure the achievement of those specific objectives, a
tation of this Regulation, implementing powers should be
set of concrete and quantifiable indicators should be
conferred on the Commission in respect of the adoption
established which should remain valid for the whole
of annual work programmes. Those powers should be
duration of the Programme. The Commission should
exercised in accordance with Regulation (EU) No
submit annually to the European Parliament and to the
182/2011 of the European Parliament and of the Coun
Council a monitoring report which should be based inter
cil ( 1 ).
alia on the indicators set out in this Regulation and
which should give information on the use of available
funds.
( 2 ) Regulation (EU) No 1381/2013 of the European Parliament and of
the Council of 17 December 2013 establishing a Rights, Equality
(25) The annual work programmes adopted by the
and Citizenship Programme for the period 2014 to 2020 (see page
Commission pursuant to this Regulation should ensure
62 of this Official Journal).
appropriate distribution of funds between grants and
( 3 ) Regulation (EU) No 1288/2013 of the European Parliament and of
public procurement contracts. The Programme should
the Council of 11 December 2013 establishing "Erasmus+": the
primarily allocate funds to grants, while maintaining
Union programme for education, training, youth and sport and
repealing Decisions No 1719/2006/EC, No 1720/2006/EC and No
1298/2008/EC (OJ L 347, 20.12.2013, p. 50).
( 1 ) Regulation (EU) No 182/2011 of the European Parliament and of
( 4 ) Regulation (EU) No 1291/2013 of the European Parliament and of
the Council of 16 February 2011 laying down the rules and general
the Council of 11 December 2013 establishing Horizon 2020 - the
principles concerning mechanisms for control by Member States of
Framework Programme for Research and Innovation (2014-2020)
the Commission's exercise of implementing powers (OJ L 55,
and repealing Decision No 1982/2006/EC (OJ L 347, 20.12.2013,
28.2.2011, p. 13).
p. 104).
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(29) The
Programme
should
be
implemented
in
an
effective
(34) In accordance with Articles 1 and 2 of Protocol No 21
manner, respecting sound financial management, while
on the position of the United Kingdom and Ireland in
also allowing potential applicants to have effective
respect of the Area of Freedom, Security and Justice,
access to the Programme. In order to support effective
annexed to the TEU and to the TFEU, and without
access to the Programme, the Commission should use its
prejudice to Article 4 of that Protocol, the United
best endeavours to simplify and harmonise the appli
Kingdom is not taking part in the adoption of this Regu
cation procedures and documents, the administrative
lation and is not bound by it or subject to its application.
formalities and the financial management requirements,
to remove administrative burdens and to encourage grant
applications from entities located in Member States
which are under-represented in the Programme. The
(35) In accordance with Articles 1 and 2 of Protocol No 22
Commission should publish on a dedicated webpage
on the position of Denmark, annexed to the TEU and to
information about the Programme, its objectives, the
the TFEU, Denmark is not taking part in the adoption of
various calls for proposals and their time schedules.
this Regulation and is not bound by it or subject to its
Basic documents and guidelines relating to the calls for
application.
proposals should be available in all the official languages
of the institutions of the Union.
(36) In order to ensure the continuity of funding of activities
(30) In accordance with point (l) of Article 180(1) of
previously carried out on the basis of Decision
Commission Delegated Regulation (EU) No
2007/126/JHA, Decision No 1149/2007/EC and
1268/2012 ( 1 ) ('the Rules of Application'), the grant
Decision No 1150/2007/EC, this Regulation should
agreements should lay down provisions governing the
enter into force on the day following that of its
visibility of the Union financial support, except in duly
publication,
justified cases where public display is not possible or
appropriate.
HAVE ADOPTED THIS REGULATION:
(31) In
accordance
with
Article
35(2)
and
(3)
of
the
Financial
Regulation and Article 21 of the Rules of Application,
the Commission should make available, in an appropriate
and timely manner, information concerning recipients
Article 1
and concerning the nature and purpose of the
Establishment and duration of the Programme
measures financed from the general budget of the
Union. That information should be made available with
1. This
Regulation
establishes
a
Justice
programme
('the
due observance of the requirements of confidentiality and
Programme').
security, in particular the protection of personal data.
2. The
Programme
shall
cover
the
period
from
1
January
(32) Since the objective of this Regulation, namely to
contribute to the further development of a European
2014 to 31 December 2020.
area of justice based on mutual recognition and mutual
trust, in particular by promoting judicial cooperation in
civil and criminal matters, cannot be sufficiently achieved
by the Member States but can rather, by reason of its
Article 2
scale and effects, be better achieved at Union level, the
European added value
Union may adopt measures, in accordance with the
principle of subsidiarity as set out in Article 5 TEU. In
1. The
Programme
shall
finance
actions
with
European
added
accordance with the principle of proportionality, as set
value which contribute to the further development of a
out in that Article, this Regulation does not go beyond
European area of justice. To that end, the Commission shall
what is necessary in order to achieve that objective.
ensure that the actions selected for funding are intended to
produce results with European added value.
(33) In
accordance
with
Article
3
of
Protocol
No
21
on
the
position of the United Kingdom and Ireland in respect of
the Area of Freedom, Security and Justice, annexed to the
2. The
European
added
value
of
actions,
including
that
of
TEU and to the TFEU, Ireland has notified its wish to
small-scale and national actions, shall be assessed in the light of
take part in the adoption and application of this Regu
criteria such as their contribution to the consistent and coherent
lation.
implementation of Union law and to wide public awareness
about the rights deriving from it, their potential to develop
mutual trust among Member States and to improve cross-
( 1 ) Commission Delegated Regulation (EU) No 1268/2012 of
border cooperation, their transnational impact, their
29 October 2012 on the rules of application of Regulation (EU,
contribution to the elaboration and dissemination of best
Euratom) No 966/2012 of the European Parliament and of the
Council on the financial rules applicable to the general budget of
practices or their potential to create practical tools and
the Union (OJ L 362, 31.12.2012, p. 1).
solutions that address cross-border or Union-wide challenges.
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Article 3
(e) improving knowledge and understanding of potential
obstacles to the smooth functioning of a European area of
General objective
justice;
The general objective of the Programme shall be to contribute
to the further development of a European area of justice based
on mutual recognition and mutual trust, in particular by
promoting judicial cooperation in civil and criminal matters.
(f) improving the efficiency of judicial systems and their
cooperation by means of information and communication
technology, including the cross-border interoperability of
Article 4
systems and applications.
Specific objectives
1. To achieve the general objective set out in Article 3, the
Programme shall have the following specific objectives:
Article 5
Mainstreaming
(a) to facilitate and support judicial cooperation in civil and
In the implementation of all of its actions, the Programme shall
criminal matters;
seek to promote equality between women and men and to
promote the rights of the child, inter alia by means of child-
friendly justice. It shall also comply with the prohibition of
(b) to support and promote judicial training, including language
discrimination based on any of the grounds listed in Article 21
training on legal terminology, with a view to fostering a
of the Charter, in accordance with and within the limits set by
common legal and judicial culture;
Article 51 of the Charter.
(c) to facilitate effective access to justice for all, including to
Article 6
promote and support the rights of victims of crime, while
respecting the rights of the defence;
Types of actions
1. The
Programme
shall
finance
inter
alia
the
following
types
(d) to support initiatives in the field of drugs policy as regards
of actions:
judicial cooperation and crime prevention aspects closely
linked to the general objective of the Programme, in so
far as they are not covered by the Internal security fund
for financial support for police cooperation, preventing and
(a) analytical activities, such as the collection of data and stat
combating crime, and crisis management or by the Health
istics; the development of common methodologies and,
for Growth Programme;
where appropriate, indicators or benchmarks; studies,
researches, analyses and surveys; evaluations; the elaboration
and publication of guides, reports and educational material;
workshops, seminars, experts meetings and conferences;
2. The
specific
objectives
of
the
Programme
shall
be
pursued
through, in particular:
(b) training activities, such as staff exchanges, workshops,
(a) enhancing public awareness and knowledge of Union law
seminars, train-the-trainer events, including language
and policies;
training on legal terminology, and the development of
online training tools or other training modules for
members of the judiciary and judicial staff;
(b) with a view to ensuring efficient judicial cooperation in civil
and criminal matters, improving knowledge of Union law,
including substantive and procedural law, of judicial
cooperation instruments and of the relevant case-law of
(c) mutual learning, cooperation, awareness-raising and
the Court of Justice of the European Union, and of
dissemination activities, such as the identification of, and
comparative law;
exchanges concerning, good practices, innovative
approaches and experiences; the organisation of peer
reviews and mutual learning; the organisation of confer
(c) supporting the effective, comprehensive and consistent
ences, seminars, information campaigns, including institu
implementation and application of Union instruments in
tional communication on the political priorities of the
the Member States and the monitoring and evaluation
Union as far as they relate to the objectives of the
thereof;
Programme; the compilation and publication of materials
to disseminate information about the Programme and its
results; the development, operation and maintenance of
(d) promoting cross-border cooperation, improving mutual
systems and tools, using information and communication
knowledge and understanding of the civil and criminal
technologies, including the further development of the
law and the legal and judicial systems of the Member
European e-Justice portal as a tool to improve citizens'
States and enhancing mutual trust;
access to justice;
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(d) support for main actors whose activities contribute to the
2. The
financial
allocation
of
the
Programme
may
also
cover
implementation of the objectives of the Programme, such as
expenses pertaining to preparatory, monitoring, control, audit
support for Member States in the implementation of Union
and evaluation activities which are required for the management
law and policies, support for key European actors and
of the Programme and the assessment of the achievement of its
European-level networks, including in the field of judicial
objectives. The financial allocation may cover expenses relating
training; and support for networking activities at European
to the necessary studies, meetings of experts, information and
level among specialised bodies and entities as well as
communication actions, including institutional communication
national, regional and local authorities and non-govern
of the political priorities of the Union, in so far as they are
mental organisations.
related to the general objectives of this Regulation, as well as
expenses linked to information technology networks focusing
on information processing and exchange and other technical
2. The
European
Judicial
Training
Network
shall
receive
an and administrative assistance needed in connection with the
operating grant to co-finance expenditure associated with its
management of the Programme by the Commission.
permanent work programme.
Article 7
3. The
annual
appropriations
shall
be
authorised
by
the
European Parliament and the Council within the limits of the
Participation
multiannual financial framework established by Council Regu
lation (EU, Euratom) No 1311/2013 ( 1 ).
1. Access to the Programme shall be open to all bodies and
entities legally established in:
4. Within the financial envelope for the Programme,
(a) Member States;
amounts shall be allocated to each specific objective in
accordance with the percentages set out in the Annex.
(b) European Free Trade Association (EFTA) countries which are
parties to the Agreement on the European Economic Area,
5. The
Commission
shall
not
depart
from
the
allocated
in accordance with that Agreement;
percentages of the financial envelope, as set out in the Annex,
by more than 5 percentage points for each specific objective.
Should it prove necessary to exceed that limit, the Commission
(c) candidate countries, potential candidates and countries
shall be empowered to adopt delegated acts in accordance with
acceding to the Union, in accordance with the general prin
Article 9 to modify each of the figures in the Annex by more
ciples and the general terms and conditions laid down for
than 5 and up to 10 percentage points.
the participation of those countries in the Union
programmes established in the respective Framework
Agreements and Association Council decisions, or similar
agreements.
Article 9
Exercise of the delegation
2. Bodies
and
entities
which
are
profit-oriented
shall
have 1. The
power
to
adopt
delegated
acts
is
conferred
on
the
access to the Programme only in conjunction with non-profit
Commission subject to the conditions laid down in this Article.
or public organisations.
2. The power to adopt delegated acts referred to in
3. Bodies
and
entities
legally
established
in
third
countries, Article 8(5) shall be conferred on the Commission for the
other than those participating in the Programme in accordance
duration of the Programme.
with points (b) and (c) of paragraph 1, in particular countries
where the European Neighbourhood Policy applies, may be
associated to the actions of the Programme at their own cost,
if this serves the purpose of those actions.
3. The
delegation
of
power
referred
to
in
Article
8(5)
may
be
revoked at any time by the European Parliament or by the
Council. A decision to revoke shall put an end to the delegation
4. The
Commission
may
cooperate
with
international
organi
of the power specified in that decision. It shall take effect the
sations under the conditions laid down in the relevant annual
day following the publication of the decision in the Official
work programme. Access to the Programme shall be open to
Journal of the European Union or at a later date specified
international organisations active in the areas covered by the
therein. It shall not affect the validity of any delegated acts
Programme in accordance with the Financial Regulation and the
already in force.
relevant annual work programme.
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall
Article 8
notify it simultaneously to the European Parliament and to the
Budget
Council.
1. The financial envelope for the implementation of the
( 1 ) Council Regulation (EU, Euratom) No 1311/2013 of 2 December
Programme for the period 2014 to 2020 is set at EUR
2013 laying down the multiannual financial framework for the years
377 604 000.
2014-2020 (OJ L 347, 20.12.2013, p. 884).
L 354/80
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5. A
delegated
act
adopted
pursuant
to
Article
8(5)
shall
Article 11
enter into force only if no objection has been expressed
either by the European Parliament or the Council within a
Committee procedure
period of two months of notification of that act to the
1. The
Commission
shall
be
assisted
by
a
committee.
That
European Parliament and the Council or if, before the expiry
committee shall be a committee within the meaning of Regu
of that period, the European Parliament and the Council have
lation (EU) No 182/2011.
both informed the Commission that they will not object. That
period shall be extended by two months at the initiative of the
European Parliament or the Council.
2. Where
reference
is
made
to
this
paragraph,
Article
5
of
Regulation (EU) No 182/2011 shall apply.
Article 10
Implementing measures
Article 12
1. The Commission shall implement the Programme in
Complementarity
accordance with the Financial Regulation.
1. The
Commission,
in
cooperation
with
the
Member
States,
shall ensure overall consistency, complementarity and synergies
with other Union instruments including, inter alia, the Rights,
2. In order to implement the Programme, the Commission
Equality and Citizenship Programme, the Instrument for
shall adopt annual work programmes in the form of imple
financial support for police cooperation, preventing and
menting acts. Those implementing acts shall be adopted in
combating crime, and crisis management, as part of the
accordance with the examination procedure referred to in
Internal Security Fund, the Health for Growth Programme, the
Article 11(2).
Erasmus+ Programme, the Horizon 2020 Framework
Programme and the Instrument for Pre-accession Assistance
(IPA II).
3. Each
annual
work
programme
shall
implement
the
objectives of the Programme by determining the following:
2. The
Commission
shall
also
ensure
overall
consistency,
complementarity and synergies with the work of the Union
bodies, offices and agencies operating in areas covered by the
(a) the actions to be undertaken, in accordance with the general
objectives of the Programme, such as Eurojust established by
and specific objectives set out in Article 3 and Article 4(1),
Council Decision 2002/187/JHA ( 1 ) and the European Moni
including the indicative allocation of financial resources;
toring Centre for Drugs and Drug Addiction (EMCDDA) estab
lished by Regulation (EC) No 1920/2006 of the European
Parliament and of the Council ( 2 ).
(b) the essential eligibility, selection and award criteria to be
used to select the proposals which are to receive financial
contributions, in accordance with Article 84 of the Financial
3. The
Programme
may
share
resources
with
other
Union
Regulation and with Article 94 of its Rules of Application;
instruments, in particular the Rights, Equality and Citizenship
Programme, in order to implement actions meeting the
objectives of both programmes. An action for which funding
(c) the minimum percentage of annual expenditure to be
has been awarded from the Programme may also give rise to
allocated to grants.
the award of funding from the Rights, Equality and Citizenship
Programme, provided that the funding does not cover the same
cost items.
4. Appropriate
and
fair
distribution
of
financial
support
between different areas covered by this Regulation shall be
Article 13
ensured. When deciding on the allocation of funds to those
areas in the annual work programmes, the Commission shall
Protection of the financial interests of the Union
take into consideration the need to maintain sufficient funding
levels for both civil justice and criminal justice, as well as for
1. The
Commission
shall
take
appropriate
measures
ensuring
judicial training and initiatives in the field of drugs policy within
that, when actions financed under the Programme are imple
the scope of the Programme.
mented, the financial interests of the Union are protected by the
application of preventive measures against fraud, corruption and
any other illegal activities, by effective checks and, if irregu
larities are detected, by the recovery of amounts wrongly paid
5. Calls
for
proposals
shall
be
published
on
an
annual
basis.
and, where appropriate, by effective, proportionate and
dissuasive administrative and financial penalties.
6. In
order
to
facilitate
judicial
training
activities,
the
costs ( 1 ) Council Decision 2002/187/JHA of 28 February 2002 setting up
associated with the participation of judiciary and judicial staff in
Eurojust with a view to reinforcing the fight against serious crime
those activities and incurred by the Member States' authorities
(OJ L 63, 6.3.2002, p. 1).
( 2 ) Regulation (EC) No 1920/2006 of the European Parliament and of
shall be taken into account in accordance with the Financial
the Council of 12 December 2006 on the European Monitoring
Regulation when providing corresponding funding.
Centre for Drugs and Drug Addiction (OJ L 376, 27.12.2006, p. 1).
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2. The
Commission
or
its
representatives
and
the
Court
of 2020. It shall also address the scope for any simplification of
Auditors shall have the power of audit, both on the basis of
the Programme, its internal and external coherence, and the
documents and on the spot, over all grant beneficiaries,
continued relevance of all objectives and actions. It shall take
contractors and subcontractors who have received Union
into account the results of the ex-post evaluations of the
funds under the Programme.
previous 2007-2013 programmes established by the Decisions
referred to in Article 16.
3. The
European
Anti-Fraud
Office
(OLAF)
may
carry
out
investigations, including on-the-spot checks and inspections,
in accordance with the provisions and procedures laid down
4. The
ex-post
evaluation
report
shall
assess
the
long-term
in Regulation (EU, Euratom) No 883/2013 of the European
impact of the Programme and the sustainability of the effects of
Parliament and of the Council ( 1 ) and in Council Regulation
the Programme, with a view to informing a decision on a
(Euratom, EC) No 2185/96 ( 2 ) with a view to establishing
subsequent programme.
whether fraud, corruption or any other illegal activity has
occurred affecting the financial interests of the Union in
connection with a grant agreement or grant decision or a
5. The
evaluations
shall
also
assess
the
way
in
which
gender
contract funded under the Programme.
equality and non-discrimination issues have been addressed
across the Programme's actions.
4. Without
prejudice
to
paragraphs
1,
2
and
3,
cooperation
agreements with third countries and with international organi
sations, grant agreements, grant decisions and contracts
Article 15
resulting from the implementation of the Programme shall
Indicators
contain provisions expressly empowering the Commission, the
Court of Auditors and OLAF to conduct the audits and inves
1. In
accordance
with
Article
14,
the
indicators
set
out
in
tigations referred to in those paragraphs, in accordance with
paragraph 2 of this Article shall serve as a basis for monitoring
their respective competences.
and evaluating the extent to which each of the Programme's
specific objectives set out in Article 4 has been achieved
Article 14
through the actions provided for in Article 6. They shall be
measured against pre-defined baselines reflecting the situation
Monitoring and evaluation
before implementation. Where relevant, indicators shall be
broken down by, inter alia, sex, age and disability.
1. The
Commission
shall
monitor
the
Programme
annually
in order to follow the implementation of actions carried out
under it and the achievement of the specific objectives set out in
Article 4. The monitoring shall also provide a means of
2. The
indicators
referred
to
in
paragraph
1
shall
include,
assessing the way in which gender equality and non-discrimi
inter alia, the following:
nation issues have been addressed across the Programme's
actions.
(a) the number and percentage of persons in a target group
reached by awareness-raising activities funded by the
2. The
Commission
shall
provide
the
European
Parliament
Programme;
and the Council with:
(a) an annual monitoring report based on the indicators set out
(b) the number and percentage of members of the judiciary and
in Article 15(2) and on the use of the available funds;
judicial staff in a target group that participated in training
activities, staff exchanges, study visits, workshops and
(b) an interim evaluation report by 30 June 2018;
seminars funded by the Programme;
(c) an ex-post evaluation report by 31 December 2021.
(c) the improvement in the level of knowledge of Union law
and policies in the groups participating in activities funded
3. The
interim
evaluation
report
shall
assess
the
achievement
by the Programme compared to the entire target group;
of the Programme's objectives, the efficiency of the use of
resources and the Programme's European added value with a
view to determining whether funding in areas covered by the
(d) the number of cases, activities and outputs of cross-border
Programme should be renewed, modified or suspended after
cooperation, including cooperation by means of
information technology tools and procedures established
( 1 ) Regulation (EU, Euratom) No 883/2013 of the European Parliament
at Union level;
and of the Council of 11 September 2013 concerning investigations
conducted by the European Anti-Fraud Office (OLAF) and repealing
Regulation (EC) No 1073/1999 of the European Parliament and of
the Council and Council Regulation (Euratom) No 1074/1999 (OJ
(e) participants' assessment of the activities in which they
L 248, 18.9.2013, p. 1).
participated and of their (expected) sustainability;
( 2 ) Council Regulation (Euratom, EC) No 2185/96 of 11 November
1996 concerning on-the-spot checks and inspections carried out
by the Commission in order to protect the European Communities'
financial interests against fraud and other irregularities (OJ L 292,
(f) the geographical coverage of the activities funded by the
15.11.1996, p. 2).
Programme.
L 354/82
EN
Official Journal of the European Union
28.12.2013
3. In
addition
to
the
indicators
set
out
in
paragraph
2,
the (e) the possible administrative, organisational and/or structural
interim and ex-post evaluation report of the Programme shall
obstacles to the smoother, more effective and efficient
assess, inter alia:
implementation of the Programme (scope for simplifi
cation).
(a) the perceived impact of the Programme on access to justice
based on qualitative and quantitative data collected at
Article 16
European level;
Transitional measures
Actions initiated on the basis of Decision 2007/126/JHA,
(b) the number and quality of instruments and tools developed
Decision 1149/2007/EC or Decision 1150/2007/EC shall
through actions funded by the Programme;
continue to be governed by the provisions of those Decisions
until their completion. In respect of those actions, reference to
the committees provided for in Article 9 of Decision
(c) the European added value of the Programme, including an
2007/126/JHA, in Articles 10 and 11 of Decision
evaluation of the Programme's activities in the light of
1149/2007/EC and in Article 10 of Decision 1150/2007/EC
similar initiatives which have been developed at national
shall be interpreted as references to the committee provided
or European level without support from Union funding,
for in Article 11(1) of this Regulation.
and their (expected) results and the advantages and/or
disadvantages of Union funding compared to national
funding for the type of activity in question;
Article 17
Entry into force
(d) the level of funding in relation to the outcomes achieved
This Regulation shall enter into force on the day following that
(efficiency);
of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaties.
Done at Brussels, 17 December 2013.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
L. LINKEVIIUS
EN
28.12.2013 Official
Journal
of
the
European
Union L
354/83
ANNEX
ALLOCATION OF FUNDS
Within the financial envelope for the Programme, amounts shall be allocated as follows to each specific objective set out
in Article 4(1):
Specific objectives
Share of the financial
envelope (in %)
(a) to
facilitate
and
support
judicial
cooperation
in
civil
and
criminal
matters 30
%
(b) to support and promote judicial training, including language training on legal
terminology, with a view to fostering a common legal and judicial culture 35
%
(c) to facilitate effective access to justice for all, including to promote and support the rights
of victims of crime, while respecting the rights of the defence 30
%
(d) to
support
initiatives
in
the
field
of
drugs
policy
as
regards
judicial
cooperation
and
crime
prevention aspects closely linked to the general objective of the Programme, in so far as
they are not covered by the Instrument for financial support for police cooperation,
preventing and combating crime, and crisis management, as part of the Internal Security
Fund, or by the Health for Growth Programme 5
%.
Document Outline
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